هُوَ اسْتِيْلاَءُ الإِنْسَانِ عَلَى مَالِ غَيْرِهِ بِغَيْرِ حَقٍّ.
The Book of Selling and
Commercial Transactions
Wrongful Forceful Appropiation
الْغَصْبِ
The Book of Purification
The Book of Prayer
Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
The Book of Funerals
The Book of Fasting
The Book of Hajj and 'Umrah
Book of Zakat
The Book of Selling and Commercial Transactions
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
The Book of Bequests
The Book of Inheritance
The Book of Marriage
The Book of Divorce
The Book of Sadaq
The Book of Dhihar
The Book of Lian
The Book of Foods
Book of Fatal and Non-Fatal Assault
The Book of Indemnities
The Book of Hudood
The Book of Jihad
The Book of the Judiciary
The Book of Testimonies
Appendix
Glossary
Unlawful, Forceful Appropriation (Ghaṣb)
Whoever unlawfully appropriates something has to return it and pay the market value of the rental of the like, for the period of its seizure, if it is worthy of rent or a wage. 1000
وَمَنْ غَصَبَ شَيْئًا، فَعَلَيْهِ رَدُّهُ، وَأَجْرُ مِثْلِهِ إِنْ كَانَ لَهُ أَجْرٌ، مُدَّةَ مَقَامِهِ فِيْ يَدَيْهِ. وَإِنْ نَقَصَ فَعَلَيْهِ أَرْشُ
998. While ghaṣb is the wrongful seizure of others’ properties by force, similar rulings apply when it is taken by means of falsehood and deception.
999. Ghaṣb is forbidden by consensus. It is one of the major enormities. Allah said:
{And do not consume one another’s wealth unjustly…} (al-Baqarah 2: 188)
وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ...
The Prophet (SA) said:
The Prophet (SA) said:
مَنِ اقْتَطَعَ شِبْرًا مِنَ الأَرْضِ ظُلْمًا طَوَّقَهُ اللَّهُ إِيَّاهُ يَوْمَ الْقِيَامَةِ مِنْ سَبْعِ أَرَضِينَ…
The Prophet (SA) also said:
“One is not permitted (to take, use, and so on) the property of a Muslim unless the owner is fully content with that.” (Ba – from Ḥaneefah ar-Raqâshi; al-Albâni: S in Irwâ’ al-Ghaleel)
لَا يَحِلُّ مَالُ امْرِئٍ مُسْلِمٍ إِلَّا بِطِيبِ نَفْسٍ مِنْهُ
This hadith forbids not only unlawful appropriation, but all forms of using another person’s wealth which that person is not completely comfortable with.
As mentioned earlier, in the hadiths concerning the ethics of transactions, the mention of the word ‘Muslim’ is inconsequential, as indicated by the vast majority of scholars. It was mentioned because that is the likely situation – that a Muslim transacts with other Muslims. It could have also been to make the act sound more repulsive. However, it is the consensus of all scholars that injustice is haram against Muslims and non-Muslims alike. Please note that the seizure of the property of enemies at the time of war is an exception to this rule
1000. If the offender seized an apartment, he or she will not only need to return it, but must also pay the rent (according to its market value) for the period it was in his or her possession. In addition to this, the offender will pay fair compensation for any damage that took place while it was in his or her possession. All of the above is the right of the one whose commodity was unlawfully appropriated. The judge may, in
If the property decreased [in value, during its unlawful appropriation], the offender has to pay the compensation for the estimated decrease.
نَقْصِهِ.
وَإِنْ جَنَى فَأَرْشُ جِنَايَتِهِ عَلَيْهِ سَوَاءٌ جَنَى عَلَى سَيِّدِهِ أَوْ عَلَى أَجْنَبِيٍّ، وَإِنْ جَنَى عَلَيْهِ أَجْنَبِيٌّ فَلِسَيِّدِهِ تَضْمِيْنُ مَنْ شَاءَ مِنْهُمَا.
If the unlawfully appropriated property incurs both an increase and a decrease [in value/amount], then it is to be returned together with its increment [of increase], be it caused by the one who seized it or not, and the offender is held liable for any decrease [in value/amount]. For instance, when one illegitimately seizes wood and carpenters it into a door, 1004 or seizes iron and turns it into needles, one must return it with its increment, and one is fined for any reduction. The same applies when one misappropriates cotton and then spins it, or thread and then weaves it, or a garment and then dyes it or tailors it. This holds true also for grains that become
وَإِنْ زَادَ وَنَقَصَ رَدَّهُ بِزِيَادَتِهِ وَضَمِنَ نَقْصَهُ، سَوَاءٌ زَادَ بِفِعْلِهِ أَوْ بِغَيْرِ فِعْلِهِ، فَلَوْ نَجَرَ الْخَشَبَةَ بَابًا أَوْ عَمِلَ الْحَدِيْدَ إِبْرًا رَدَّهُمَا بِزِيَادَتِهِمَا وَضَمِنَ نَقْصَهُمَا إِنْ نَقَصَا. وَلَوْ غَصَبَ قُطْنًا فَغَزَلَهُ أَوْ غَزْلاً فَنَسَجَهُ أَوْ ثَوْبًا فَقَصَرَهُ أَوْ فَصَّلَهُ وَخَاطَهُ، أَوْ حَبًّا فَصَارَ زَرْعًا، أَوْ نَوًى فَصَارَ شَجَرًا، أَوْ بَيْضًا فَصَارَ فِرَاخًا، فَكَذٰلِكَ.
addition to the above, order an appropriate discretionary punishment (ta‘zeer) for the wrongdoer.
1001. As in the growth of livestock
1002. As in profit made from renting the unlawfully appropriated commodity.
1003. This is a matter of consensus when the profit is of the same nature of the seized property, such as the offspring of livestock.
1004. In this case, if one turns wood into a door, one has likely increased the value, but decreased the amount (of wood).
plants, seeds that become trees, and eggs that become hens. 1005
وَإِنْ غَصَبَ عَبْدًا فَزَادَ فِيْ بَدَنِهِ أَوْ بِتَعْلِيْمِهِ ثُمَّ ذَهَبَتِ الزِّيَادَةُ، رَدَّهُ وَقِيْمَةَ الزِّيَادَةِ.
If the unlawfully appropriated property is damaged, or it becomes impossible to return it, then the offender has to return its like, if it is a weighed or a measured property, or its value otherwise. 1006 If the offender thereafter is able to return the original appropriated property to its owner, he must do so, and may then retrieve the previously paid value.
وَإِنْ تَلِفَ الْمَغْصُوْبُ أَوْ تَعَذَّرَ رَدُّهُ، فَعَلَيْهِ مِثْلُهُ إِنْ كَانَ مَكِيْلاً أَوْ مَوْزُوْنًا، وَقِيْمَتُهُ إِنْ لَمْ يَكُنْ كَذٰلِكَ، ثُمَّ إِنْ قَدَرَ عَلَى رَدِّهِ، رَدَّهُ وَأَخَذَ الْقِيْمَةَ.
If the wrongdoer mixes the misappropriated object with something of the same kind, he or she has to pay its like from that mix. 1007 However, if it has been mixed with something different, the offender has to pay the equivalent from wherever he or she wishes. 1008
وَإِنْ خَلَطَ الْمَغْصُوْبَ بِمَا لاَ يَتَمَيَّزُ مِنْهُ مِنْ جِنْسِهِ فَعَلَيْهِ مِثْلُهُ مِنْهُ. وَإِنْ خَلَطَهُ بِغَيْرِ جِنْسِهِ، فَعَلَيْهِ مِثْلُهُ مِنْ حَيْثُ شَاءَ.
When one unlawfully seizes a plot of land and plants trees on it, one has to pull the trees out, give back 1009
وَإِنْ غَصَبَ أَرْضًا، فَغَرَسَهَا، أُخِذَ بِقَلْعِ غَرْسِهِ
1005. In these cases, a reduction in value may occur if some of the grains, seeds, or eggs were lost or damaged before they could become plants, trees, or hens, respectively. The decrease in value shall not be deducted from the increase. Because of the transgression, the one who unlawfully appropriated them shall return the increase and be liable for any decrease.
1006. If it was something measurable by weight or volume, then it is possible to return its like, such as a ton of rice or wheat (nowadays measured by weight). If it is something that is not measurable in that way, such as a piece of furniture, then he or she will return its value as determined by experts.
1007. Since the value of the mix is equal to that of what was taken, for instance, when he or she takes some olive oil and mixes it with the same grade olive oil.
1008. Since it may be difficult to sort the mixed objects out from each other, such as when different types of rice or wheat are mixed. If it is possible to sort them out, the offender must do that, and return what was wrongfully seized.
1009. If requested by the rightful owner, for the Prophet (SA) said:
the land, and pay a fine for any decrease [caused by the planting], together with its rent. If the extorter plants on it 1010 and takes the harvest, then he or she has to return the extorted land and pay its rent. If the owner regains control of his or her land before the plants have been harvested, the owner is given the choice of either leaving the harvest for the one who unlawfully planted it, 1011 or taking it and paying the extorter its value. 1012
وَرَدِّهَا وَأَرْشِ نَقْصِهَا وَأُجْرَتِهَا. وَإِنْ زَرَعَهَا وَأَخَذَ الْغَاصِبُ الزَّرْعَ رَدَّهَا وَأُجْرَتَهَا. وَإِنْ أَدْرَكَ الزَّرْعَ قَبْلَ حَصَادِهِ خُيِّرَ بَيْنَ ذَلِكَ وَبَيْنَ أَخْذِ الزَّرْعِ بِقِيْمَتِهِ.
وَإِنْ غَصَبَ جَارِيَةً، فَوَطِئَهَا وَأَوْلَدَهَا، لَزِمَهُ الْحَدُّ، وَرَدُّهَا وَرَدُّ وَلَدِهَا، وَمَهْرُ مِثْلِهَا وَأَرْشُ نَقْصِهَا وَأُجْرَةُ مِثْلِهَا، وَإِنْ بَاعَهَا فَوَطِئَهَا الْمُشْتَرِيْ وَهُوَ لاَ يَعْلَمُ فَعَلَيْهِ مَهْرُهَا وَقِيْمَةُ وَلَدِهَا إِنْ أَوْلَدَهَا، وَأُجْرَةُ مِثْلِهَا، وَيَرْجِعُ بِذٰلِكَ عَلَى الْغَاصِبِ.
“The unjust root (or root of the unjust) has no sacredness.” (T – from Sa‘eed ibn Zayd; al-Albâni: S)
لَيْسَ لِعِرْقٍ ظَالِمٍ حَقٌّ.
The same rule applies to building on a misappropriated land.
1010. Unlike the previous example, in this case, crops, not trees were planted.
1011. In this case, the owner will be entitled to the rent for the land.
1012. The Prophet (SA) said:
“One who cultivates people’s land without their permission is not entitled to any part of the crop, but shall be entitled to what he or she has spent on it.” (D – from Râfi‘ ibn Khadeej; al-Albâni: S)
مَنْ زَرَعَ فِي أَرْضِ قَوْمٍ بِغَيْرِ إِذْنِهِمْ ، فَلَيْسَ لَهُ مِنَ الزَّرْعِ شَيْءٌ وَلَهُ نَفَقَتُهُ.
Wrongful Forceful Appropiation
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